Partner Alan Rome
Filing an Offer of Compromise to potentially increase the compensation a plaintiff receives from the at-fault party in a Personal Injury case is a strategic move a highly accomplished injury attorney would have the experience to pursue.
Rome Clifford Katz & Koerner Partner Alan Rome filed an Offer of Compromise in a case in which a mother and her two young daughters were seriously injured in a 2022 head-on collision – and this successful strategy added $117,820 to the recovery total.
That brought the total compensation for Amanda Tomlinson and her daughters to $1.141 million – or nearly 10 times the settlement offers for Attorney Rome’s clients that totaled $125,000 on the eve of jury selection this past June.
As a result of the trial, a New London Superior Court jury verdict awarded a total of $791,707 to the Tomlinsons – and in a Nov. 5 decision, New London Superior Court Judge Cecil Thomas denied the defendant’s motion to set aside the verdict and also rejected her motion for remittitur of noneconomic damages awarded to the plaintiffs (a reduction in the amount of damages based on the argument the awards were excessive and punitive).
Judge Thomas then ordered the defendant to also pay punitive damages of $231,734.63 as part of the judgment in the case, as well as Offer of Compromise interest of $117,820.08.
“This case provides a perfect example of why anyone injured in a motor vehicle or other accident should find highly experienced injury attorneys who will take an aggressive approach in order to maximize the recovery,” said Attorney Rome, who was assisted by Attorney Kristin Thomas on the case and also credited Attorney Joe Gillis and paralegal Valerie Frazier for their work.
“Two of the keys in litigating this case aggressively involved adding allegations of common law recklessness and statutory recklessness to the lawsuit – often most common in accidents involving drunk drivers but strategically used in other types of motor vehicle accidents – and filing the Offer of Compromise,” Attorney Rome explained.
An Offer of Compromise is essentially an offer to settle filed by the plaintiff before a trial begins, specifying an amount for which they are willing to resolve the case.
The defendant then has a risk-reward calculation to make. If the offer is rejected, the case can then proceed to trial. If the final verdict and judgment is equal to or greater than the plaintiff’s offer of compromise, the defendant is subject to interest for prolonging the litigation and offer to resolve the case. The judge adds statutory interest (8%) to the amount of the final judgment, further increasing the final cost to the defendant.
In terms of adding the allegations of common law recklessness and statutory recklessness to the lawsuit, Judge Thomas strongly re-affirmed those claims in his Nov. 5 decision.
“The jury was instructed on this standard and could reasonably have found and concluded that the defendant’s conduct was reckless, in operating her vehicle at an excessive rate of speed, or at an excessive rate of speed when considering the weather conditions, and in failing to keep her vehicle under proper control,” the judge wrote in the Nov. 5 memorandum of decision. “The defendant was clearly aware of the slushy, poor driving conditions for quite some time before the accident, and had lost control of her vehicle once already, before losing control a second time, causing the accident. She nevertheless did not bring her vehicle to a controlled stop before engaging her brakes, losing control of her vehicle, and immediately crossing over the center line to collide head-on with the plaintiffs, causing serious injuries to all of the plaintiffs.”
The collision occurred in the Eastern Connecticut town of Preston on Jan. 31, 2022, when the defendant, Pamela Dole, crossed the center line on Route 2 in her 2002 Honda – suddenly and without warning – and struck the 2020 Ford being driven by Amanda Tomlinson.
Tomlinson suffered a fractured sternum, one of her daughters suffered a fractured clavicle, and the other child had an injured shoulder – though all experienced anxiety and post-traumatic stress caused by experience of being involved in a head-on collision and the threat of harm to both children, who were restrained in a car seat and a booster seat.
About Attorney Rome
Partner Alan Rome leads the RCKK Law Personal Injury Team with Partner Chris Sica and Partner Steven Katz. His practice also includes general litigation, Family Law, and criminal matters. He has extensive litigation experience in all areas, including Workers’ Compensation. To learn more, see his profile page. He may be reached by email at arome@rckklaw.com, or by phone at 860-232-3000.
About Attorney Thomas
Attorney Kristin Thomas focuses her practice on general litigation and trial work, including Personal Injury and Family Law. She brings extensive experience representing clients in complex cases, providing practical counsel and creative solutions to help clients achieve maximum recovery and the best possible result. Attorney Thomas may be reached by email at kthomas@rckklaw.com, or by phone at 860-232-3000.
About RCKK Law
Rome, Clifford Katz & Koerner is a Hartford-based law firm whose attorneys collectively have nearly 100 years of experience in a wide variety of legal areas. Whether you are dealing with a motor vehicle accident, a Workers’ Compensation injury, or a Family Law matter, our skilled lawyers will aggressively advocate on your behalf. We represent individuals and businesses in Connecticut and throughout the New England states.